Sports Drink Manufacturer Can’t Avoid PFAS Suit
A California district court dismissed most—but not all—of a plaintiff’s claims in a false advertising suit against Prime Hydration, the manufacturer of a sports beverage. The plaintiff alleged that the beverage’s product label—which included claims such as “refresh, replenish, and refuel” and “250 mg BCAAs, B Vitamins, antioxidants, and 835 mg electrolytes”—was false and misleading because the label led consumers to believe that the product was healthy, despite third-party testing allegedly showing that the beverage contained “material levels of PFAS” that exceeded the EPA’s health advisory levels. For its part, the court determined that a reasonable consumer would not be misled by the “healthy” label claims and consequently dismissed the plaintiff’s claims for violations of California’s Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act. However, the court determined that the plaintiff’s breach of implied warranty claim should survive, citing the testing data alleged, as well as the plaintiff’s allegations that the presence of PFAS compromised the product’s safety and fitness for consumption.
September 9, 2024 | Castillo v. Prime Hydration LLC, No. 3:23-cv-03885 (N.D. Cal.).